YANGO PLAY TERMS OF USE

Please read these Terms of Use carefully. By using the Yango Play service or any part thereof, you unconditionally accept these Terms of Use, which form a binding agreement between you and us. If you do not agree to these Terms of Use, please do not use the Yango Play service.

Terms and Definitions

Apps shall mean mobile and/or smart TV apps associated with the Service.

Audio Content shall mean a collection of musical works (with or without lyrics), sound recordings, lyrics of musical works in electronic form, music album covers, and other content which is available in the “Music” section of the Service under the terms and conditions of the Subscription.

Content shall mean any and all motion pictures, musical works (with or without lyrics), sound recordings, books, videogames, images, animations, artwork, copy or information; and/or any and all other human readable audio and/or visual elements, regardless of the form or format, accessible via the Service or any part or any section thereof. In addition to the aforementioned content, this term also includes Audio Content, Game Content, Yango City Content and Video Content.

Funtech shall mean us, Funtech Loyalty Card Services LLC, registration number 2060503, located at: UAE, Dubai, Trade Center Second, The Offices 2, Unit № TO2-FLR03-03.04-2.

Game Content shall mean a collection of interactive mini-games and other content which is available in the “Games” section of the Service.

Privacy Policy shall mean the Service’s privacy policy available at: https://yango.com/legal/yango_play_privacy_policy

Quests shall mean instructions and / or tasks given to the User to complete, after which he’ll be entitled to receive bonuses in Yango City in accordance with the Yango City Play Rules.

Service shall mean the service under the Yango Play brand (until February 1st, 2024, service was provided under the Yango Spark brand), including without limitation all websites, software (including without limitation the Apps), user interfaces, features, functionalities, as well as all content associated with such service.

Subscription Content shall mean the part of the Content available to the User pursuant to the Yango Play Subscription Terms.

Terms of Use shall mean these terms and conditions governing the use of the Service available at: https://yango.com/legal/yango_play_mobile_agreement

Video Content shall mean a collection of audiovisual works, descriptions of audiovisual works, graphic images, and other content which is available in the “Movies and Series” section of the Service under the terms and conditions of the Subscription.

User shall mean you, the person using the Service.

User Account shall mean a unique account of the User on the Service.

Yango City shall mean the “Yango City” game which is available in the “Yango City” section of the Service.

Yango City Content shall mean Yango City and all content which is available in the “Yango City” section of the Service.

Yango City Play Rules shall mean the document available at: https://yango.com/legal/yango_city_rules.

Yango Play Subscription Terms shall mean the terms and conditions of Yango Play Subscription available at: https://yango.com/legal/uae_yango_play_conditions

Yango Play Subscription or Subscription shall mean the provision to the User of the opportunity to obtain a remote access to the Subscription Content in accordance with the terms and conditions of the Yango Play Subscription Terms.

Yasmina shall mean the voice assistant service “Yasmina” which is available in the “Yasmina” section of the Service and provided by Direct Cursus Technology LLC (registration number 1802868) under the Terms of Use of Yasmina Voice Assistant at: https://yango.com/legal/yasmina_termsofuse.

Yasmina Home shall mean the program, which enables the user to connect, use and manage smart devices, which is available in the «Smart Home» section of the Service and provided by Direct Cursus Technology LLC (registration number 1802868) under the License Agreement for the Program Yasmina Home for mobile devices available at: http://yasmina.yango.com/legal/smarthome_mobile_agreement

1. These Terms of Use

1.1. These Terms of Use govern the relationship between the User and Funtech when the User accesses, interacts with, or otherwise uses the Service or any part thereof.

1.2. By using the Service or any part thereof (for example, the App or any separate feature of the Service), the User unconditionally accepts these Terms of Use, which form a binding agreement between the User and Funtech.

1.3. The following documents constitute an integral part of these Terms of Use:

(hereinafter collectively referred to as the «Regulatory Documents»).

By using the Service or any part thereof (for example, the App or any separate feature of the Service), the User also unconditionally accepts the terms and conditions of each of the Regulatory Documents which are an integral part of the Terms of Use and which form a binding agreement between the User and Funtech, the User and Direct Cursus Technology L.L.C (registration number 1802868).

1.4. The use of the Service is permitted only under these Terms of Use. If the User does not accept these Terms of Use in full, the User has no right to use the Services or any part thereof for any purpose. The use of the Service by the User in violation or through non-fulfillment of any of the terms of these Terms of Use is prohibited.

1.5. These Terms of Use and all aspects associated with the use of the Service are governed by and shall be construed in accordance with the laws of the Dubai International Financial Centre (DIFC). Any disputes arising out of or in connection with these Terms of Use shall be subject to the jurisdiction of the DIFC courts (including Small Claims Tribunal for claims).

1.6. Funtech will make available to the User a translation of these Terms of Use into Arabic or other languages, however, if there is a conflict between the version of these Terms of Use in English and its translation, then only the English version shall be legally binding.

2. The Service. User Account.

2.1. The Service is intended for discovering and accessing the Content within the technical capabilities provided by the Service and in accordance with these Terms of Use.

2.2. The Service consists of several sections, including the following:

  • «Music» - the section of the Service which contains Audio Content;
  • «Movies and Series» - the section of the Service which contains Video Content;
  • «Mini Games» - the section of the Service which contains Game Content;
  • «Yango City» - the section of the Service which contains Yango City Content;
  • «Yasmina» - the section of the Service which contains Yasmina;
  • «Smart Home» - the section of the Service which contains Yasmina Home program.

The names of the sections, the number of sections, as well as the functionality of the sections of the Service can be changed from time to time at Funtech’s sole discretion.

2.3. By accessing the Service and/or specific piece of the Content, the User represents and warrants to Funtech that the User meets the age category specified for the Service and such Content piece (as applicable). The User who has not reached the age corresponding to such age category, must refrain from accessing the Service and such Content.

2.4. In order to use the Service, the User must obtain the User Account.

2.5. In order to be able to use and be allowed to use a full functionality of the Service and get access to the Subscription Content, the User must also obtain the respective Subscription in accordance with the Yango Play Subscription Terms.

2.6. As part of the marketing activities conducted by Funtech, for a limited period of time the User may be given the opportunity to use certain functionality of the Service and get access to certain Subscription Content without payment of a fee. By participating in such activities, the User also unconditionally agrees to these Terms of Use and other Regulatory Documents.

2.7. To obtain a User Account, the User is required to complete the registration process. The User hereby represents and warrants that any and all information submitted to the Service in the course of the registration is accurate and true. The User undertakes to keep its registration information up-to-date. Funtech apprises in the Privacy Policy (available at: https://yango.com/legal/yango_play_privacy_policy) about the information and personal data being collected, the purposes and legal bases of its processing and the ways the User can manage it.

2.8. Upon completion of the registration process the User obtains a password and designation of an account. The User shall be responsible for keeping its User Account information confidential and for all activity occurring under its User Account unless the User immediately informed Funtech of any unauthorized use of the User’s User Account or the password to it. The User shall log off each time at the end of the session and Funtech shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of this Clause.

2.9. The User hereby acknowledges and agrees that Funtech may terminate or suspend the User’s account at Funtech’s sole discretion upon his notification by email, on the Apps or other notification method chosen by the Funtech, in the event that the User breaches these Terms of Use, or for any other reason. The User acknowledges that termination of its User Account may result in blocking, deleting and limiting access to the Service and/or the Content, information, files uploaded, shared, submitted and made available in association with its User Account, and to some products, services or offerings provided by Funtech.

2.10. The Service and the Content are for the User’s personal and non-commercial use only and may not be shared with any other person unless otherwise expressly allowed by the User’s subscription plan in accordance with the Yango Play Subscription Terms.

2.11. The User is entitled to access the Subscription Content primarily within the country in which the User has obtained the respective Subscription in accordance with the Yango Play Subscription Terms and only in the territory where Funtech offers the Service and has obtained necessary licenses to distribute such content. The User hereby acknowledges and agrees that the availability of the Content or any part thereof may vary by the territory and may change from time to time due to technical reasons and/or restrictions set by the licensors with regards to certain Content, as well as other relevant reasons.

2.12. The number of devices which the User may register with its User Account and/or on which the User may simultaneously stream the respective Subscription Content depends on the Subscription obtained by the User in accordance with the Yango Play Subscription Terms.

2.13. Some titles from the Subscription Content may from time to time be available for temporary downloading and offline viewing, reading, and/or listening (if and as applicable) on certain authorized devices, provided that certain limitations and restrictions apply, including the following:

2.13.1. the User may not and shall not make any further copies of such content; and

2.13.2. For the avoidance of doubt, Funtech may set limitations or restrictions in respect of such downloaded content, including without limitation the maximum number of such titles per the User Account, the time period within which the User will need to commence viewing, reading, and/or listening (as applicable) such titles, the maximum number of the User’s devices on which such titles can be stored, and the maximum period of time during which such titles will remain accessible (before automatic deletion of such titles from the User’s device). Such limitations and restrictions will be described in Yango Play Subscription Terms.

2.14. In the «Yango City» section, the Service provides an opportunity for the User to complete different Quests related to interaction with other sections of the Service and receive game bonuses in accordance with the Yango City Play Rules.

Funtech may, at its sole discretion, make changes to the Yango City Play Rules, as well as impose any limitations on the use of functionality provided to Users, including, but not limited to, limiting the number of available Quests.

2.15. In the «Yasmina» section, the Service provides an opportunity for the User to use the Yasmina voice assistant’s functionality. By using the Yasmina, the User agrees to the Terms of Use of Yasmina Voice Assistant available at: https://yango.com/legal/yasmina_termsofuse, which form is binding agreement between the User and Direct Cursus Technology L.L.C (registration number 1802868).

2.16. In the «Smart Home» section, the Service provides an opportunity for the User to use the Yasmina Home functionality. By using the «Smart Home» section, the User agrees to the License Agreement for the Program Yasmina Home for mobile devices available at: http://yasmina.yango.com/legal/smarthome_mobile_agreement, which form is binding agreement between the User and Direct Cursus Technology L.L.C (registration number 1802868).

3. Intellectual Property

3.1. All aspects of the Service and the Content are owned by Funtech, its licensors and/or other respective owners, as well as are protected by applicable domestic and international copyright and other applicable laws.

3.2. Subject to the User’s compliance with these Terms of Use, Funtech grants the User a limited, non-exclusive, non-transferable right to access and use the Service and the Content in strict accordance with these Terms of Use and Regulatory Documents. Except for the foregoing, no right, title, or interest shall be transferred to the User or be deemed owned by the User.

3.3. Without limiting the foregoing:

3.3.1. Funtech does not grant the User any synchronization, public performance, public display, promotional use, commercial sale, resale, reproduction, or distribution rights in respect of the Content, and any copying, reproduction, processing, dissemination, publication, bypassing security features (including deactivation or otherwise cracking any encryption or copy protection technologies used on the Service), or other use of the Content beyond the functions provided by the Service as well as any commercial use of the Content is prohibited and may violate applicable law; and

3.3.2. the User has no right to reproduce or distribute the Apps for commercial purposes (for example, for a fee), including without limitation as part of collections of software products, without the prior written consent of Funtech.

3.4. The User shall not modify or delete the names, the copyright notices, or other references to Funtech and/or third parties from the Service or any part thereof (including without limitation the Apps).

3.5. The User shall not infringe the rights of copyright owner(s) and/or licensees of the Content.

3.6. Funtech provides an opportunity for rightsholders to use Microsoft PlayReadyTM content access technology to protect their intellectual property, including copyrighted content. Funtech uses PlayReady technology to protect certain Content. If the PlayReady technology fails to protect the Content, rightsholders may require the Service to restrict or prevent the delivery of protected Content to specified devices or software applications. In certain cases, the User may be required to upgrade the PlayReady technology to continue to access the Content. If the User declines such an upgrade, the User will not be able to access the Content that requires such upgrade.

3.7. The Apps may contain third-party software as separate components.

4. Restrictions

4.1. The User hereby agrees to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or the Content. In particular, but without limitation, the User hereby agrees not to:

4.1.1. perform any actions aimed at bypassing security features designed to protect against the unauthorized use of the Content (including without limitation any acts to bypass the IP-based Content territorial restriction system) or any other actions intended against normal operation of the Service and its Users;

4.1.2. sell, resell, lend, lease, rent or otherwise commercially use the Service, the Content, or any other material or information contained therein;

4.1.3. use data mining, robots, spiders, scrapers, or other data gathering and extraction tools in relation to the Service or the Content;

4.1.4. circumvent, remove, alter, or deactivate any of the content protections or other elements of the Service, including without limitation copyright notices and trademarks;

4.1.5. publicly perform the Content;

4.1.6. modify, adapt, or translate any part of Service or the Content.

4.2. The User understands that Service may include explicit content. If the User accesses any adult or mature content on the Service, the User acknowledges and agrees that the User may be exposed to visual images and sounds that depict nudity and sexual activity or are otherwise sexual, erotic or graphic in nature and may include violence and adult language, as well as content that references alcohol and tobacco. It is the User’s responsibility to determine which Content meets the User’s standards.

It is the User’s responsibility to review and monitor the access restrictions associated with each piece of Content available via the Service, and Funtech accepts no liability for any access restrictions. Funtech reserves the right, in its sole discretion, to disable access to any piece of the Content at any time and makes no warranties that the access restrictions specified for each piece of the Content will always be complete, current, or accurate.

5. Availability of the Service. The Apps.

5.1. Certain functions of the Service may only work with Internet access. The User is independently responsible for receiving and paying for such Internet access based on the terms and rates of an appropriate telecom operator or Internet provider, and Funtech is not responsible for the purchase, availability, or quality of such services.

5.2. The quality of the display of the Content may vary from device to device, and may be affected by various factors, including without limitation the User’s location, the bandwidth available through and/or speed of the User’s Internet connection. References to the updated specification requirements for the User’s devices, software, and Internet connection may be found in documents published at: https://play.yango.com/support. The User shall be solely responsible for compliance with such specification requirements and Funtech shall not be responsible for the User’s inability to access or use the Service or the Content or an unsatisfactory quality of transmission of the Content as a result of the User’s non-compliance with such specification requirements.

5.3. The User hereby acknowledges and agrees that the use of the Service may require third party software that is subject to third party licenses. The User hereby also acknowledges and agrees to receive, without further notice or prompting, updated versions of the Service and related third-party software.

5.4. The User has the right to install the Apps on an unlimited number of mobile devices or devices supporting Smart TV technology. When installed on a mobile device or device supporting Smart TV technology, each copy of the App is assigned an individual number, which is automatically reported to Funtech.

5.5. The Service is provided «as is». Funtech does not provide warranties regarding the error-free, uninterrupted operation of the Service, or its individual components and/or functions, nor the compliance of the Service with specific aims or expectations of the User, nor does it warrant the reliability or accuracy, completeness or availability or timeliness of the Service or any other warranty not specified in these Terms of Use.

5.6. Funtech does not bear any responsibility for any direct or indirect consequences related to any use or failure of the Service, nor does it bear any responsibility for harm or damages caused to the User and/or third parties resulting from any use, failure to use, or inability to use of the Service or their individual components and functions, including any errors or malfunctions in the Service’s operation, except for liability that may not be excluded by applicable mandatory law.

5.7. The User’s access to the Service may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services.

6. Other Important Provisions

6.1. The User agrees that Funtech shall not be responsible for any use of playlists or other Content selections by third parties, or for the creation or distribution of such playlists and/or links of them.

6.2. The Service provides the User with the ability of receiving automatic recommendations to listen to and/or view the Content or the part thereof. The User is hereby notified and agrees that in order to use the «Recommendation System» functionality, the Apps pass to Funtech the data that includes the history of the Content listened to, viewed, and/or otherwise interacted with by the User, and such Content history may be used for the «Recommendation System» functionality.

6.3. Funtech shall be entitled to terminate the User’s access to the Service and the Content in whole or in part in case of a breach of these Terms of Use by the User or any other case set forth in Clause 1.3 above or applicable law. Funtech also reserves the right to take other measures against the User with the aim of complying with the requirements of the law and/or rights and legitimate interests of third parties.

6.4. Funtech reserves the right to restrict the User's access to the Service (or, if technically possible, to specific functions of the Service) in its sole discretion.

6.5 All data, including without limitation personal data about the use of the Service collected, used or transmitted in connection with these Terms of Use is stored and processed in accordance with the Privacy Policy (https://yango.com/legal/yango_play_privacy_policy).

6.6. If the User deletes the App from his/her mobile device's memory or device supporting Smart TV technology, the User's personal data that was received by Funtech when using the App shall be saved within the Service as long as the User has an active User Account. If the App is then installed on the User's device again, the personal information previously received and stored by Funtech will be restored in full. When the User Account is deleted, the User's personal data that was received by Funtech when using the Service shall be deleted in accordance with applicable law.

7. Changes to These Terms of Use

7.1. These Terms of Use, including, for the avoidance of doubt, any changes and updates thereto, may be unilaterally amended by Funtech. The latest version of these Terms of Use will be valid from the date of its publication on the website or in the App.

Funtech will provide the User with advance notice in any reasonable way Funtech finds suitable (subject to the limitations of the applicable law) and prior to the moment the respective changes to these Terms of Use come into effect. The current version of these Terms of Use is always available at: https://yango.com/legal/yango_play_mobile_agreement.

Any continued use of the Service by the User after the provision of the notice of the changes to these Terms of Use by Funtech will qualify as the acceptance of the new version of these Terms of Use.

_____________________________

Funtech Loyalty Card Services LLC, registration number 2060503, located at: UAE, Dubai, Trade Center Second, The Offices 2, Unit № TO2-FLR03-03.04-2

Date of publication: 23.08.2024

Effective date: 26.08.2024

Previous version: https://yango.com/legal/yango_spark_mobile_agreement/22022024

Previous version: https://yango.com/legal/yango_spark_mobile_agreement/15020224

Previous version: https://yango.com/legal/yango_spark_mobile_agreement/01022024

Previous version: https://yango.com/legal/yango_spark_mobile_agreement/05122023